Organisation information
About the Irish Youth Justice Service
From Irish Youth Justice Service
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From Irish Youth Justice Service
Published on
Last updated on
The Irish Youth Justice Service operates as an executive office located in the Department of Children, Equality, Disability, Integration and Youth. It has responsibility for leading and driving reform in the area of youth justice. It is staffed by officials from the Department of Children, Equality, Disability, Integration and Youth and the Department of Justice.
Responsibility for the Children Act, 2001 is shared between the Minister for Children, Equality, Disability, Integration and Youth and the Minister for Justice.
The Minister for Children, Equality, Disability, Integration and Youth is responsible for the Oberstown Children Detention Campus (Oberstown) at Oberstown, Lusk, Co. Dublin which provide detention places to the Courts for girls up to the age of 18 years and boys up to the age of 18 years ordered to be remanded or 17 years ordered to be committed on criminal charges. The Minister for Children, Equality, Disability, Integration and Youth is also responsible for the child care aspects of the Children Act 2001. The Minister for Justice retains responsibility for youth crime policy and law, including crime prevention/reduction/detection, criminal proceedings and diversion and community sanctions (including community projects). The Minister for Justice also retains responsibility for dealings with An Garda Síochána and the Probation Service as well as responsibility via the Irish Prison Service for children in St. Patrick’s Institution.
The Irish Youth Justice Service aims to improve the delivery of youth justice services and reduce youth offending. This challenge is met by focusing on diversion and rehabilitation involving greater use of community-based interventions and the promotion of initiatives to deal with young people who offend. Providing a safe and secure environment for detained children and supporting their early re-integration back into the community is also a key function.
The Mission Statement of the Youth Justice Action Plan 2014 - 2018 is to create a safer society by working in partnership to reduce youth offending through appropriate interventions and linkages to services.
Children Act 2001
The main legislation covering children and the criminal justice system is the Children Act 2001. This Act focuses on preventing criminal behaviour, diversion from the criminal justice system and rehabilitation. The use of detention for a child is to be a last resort; the Act requires that all avenues be explored before it is used.
The main principles of the Children Act are:
The Act was amended by the Criminal Justice Act 2006 and the Child Care (Amendement) Act 2007 and the Children Amendment Act 2015.
Age of Criminal Responsibility
On 16 October 2006, under the Children Act 2001, the age of criminal responsibility was effectively raised from 7 to 12 years. Under the new provisions, no child under the age of 12 years can be charged with an offence. An exception is made for 10 and 11 year-olds charged with very serious offences, such as unlawful killing, a rape offence or aggravated sexual assault. In addition, the Director of Public Prosecutions must give consent for any child under the age of 14 years to be charged.
The Children Court
This is a special Court for children who are in trouble with the law and who are being charged with a crime. The Judge listens to both sides about what happened and decides what happens next. The Children Court is held in the courtrooms where ordinary sittings of the District Court are held, except in Dublin which has a dedicated Children Court. The sittings are held at different times to those for adults who have to come to the District Court. The Children Court gives special attention to helping children understand what is going on. If the parents or guardian cannot afford to pay a solicitor, the Court can offer legal aid for the childdren Detention School.
Children Detention School
Children Detention Schools are designated as remand centres for children. Oberstown is designated as a remand centres for boys and girls under 18 years of age. Statutory Instrument 274/2016, signed by the Minister for Children and Youth Affairs, Katherine Zappone, provides the legal basis for this designation. The Statutory Instrument and Certificate outlining maximum numbers, sex and ages of children that can be detained is viewable here:
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
Children Detention Schools/Irish Youth Justice Service Code of Practice in accordance with section 157(5) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.